The state of New Jersey has sued Sig Sauer, alleging that the gunmaker’s popular P320 pistol is a safety risk due to repeated allegations that it can fire unexpectedly.

The lawsuit — believed to be the first of its kind by a state government — is seeking to ban the sale of the P320 in New Jersey, and require Sig Sauer — based in Newington, N.H. — to issue a statewide recall.

“If you think about a firearm, if I was designing one, the one thing I would make sure it did was not fire unless the trigger is pulled,” said New Jersey Attorney General Matthew Platkin during a news conference Thursday. “And yet, that is exactly what this gun did.”

New Jersey’s lawsuit highlights multiple instances in which local police officers were injured by their department-issued P320. Walter Imbert, a detective with the Orange Police and an Army veteran, was killed in an incident involving his P320 in 2023. The lawsuit alleges that Imbert’s finger was not touching the trigger at the time of the shooting.

Imbert’s widow was in the audience during Thursday’s news conference, where Platkin alleged that Sig Sauer’s “callousness” was to blame for injuries and deaths linked to the P320.

“My sincerest hope is that the steps we are taking today prevent another family from enduring this unimaginable horror that the family endures every day,” said Platkin.

Sig Sauer responded Thursday by saying that the attorney general’s lawsuit makes “numerous false and unsubstantiated claims about the P320.”

“Contrary to the baseless allegations, Sig Sauer has always and will continue to put the safety and security of the U.S. military, the law enforcement community, consumers, and the public first. AG Platkin’s statement that the P320 can fire uncommanded is also incorrect,” the company said in an emailed statement.

Sig Sauer has faced more than 100 lawsuits in recent years over allegations that its best-selling P320 pistol has a design flaw that leaves it susceptible to unintentional firings. Plaintiffs have included members of law enforcement who say they were shot by their own guns, frequently in the leg or foot, as the gun rested in its holster.

New Jersey’s lawsuit is the first time a state entity has sued the gunmaker over the issue. The case, which was filed in Essex County, alleges that the P320 is designed with a sensitive trigger and an internal mechanism that makes the weapon “like a set mousetrap” when a bullet is chambered.

Sig Sauer has repeatedly denied the gun has an inherent flaw, and describes it as “one of the safest, most advanced pistols in the world.”

Judges and juries have handed down mixed verdicts in previous civil lawsuits, and a proposed class action lawsuit was dismissed. But at least two juries awarded multi-million dollar verdicts in favor of men injured by their P320.

Earlier this year, the New Hampshire Legislature crafted a new law that grants the gunmaker — a major employer in the state — immunity from civil lawsuits filed in New Hampshire that focus on the design of the P320.

Since its rollout in 2017, the P320 pistol has become one of the country’s most popular pistols, with more than 3.6 million guns sold. A version of the gun is now carried by soldiers across every branch of the U.S. military, and the P320 is a leading choice for local and state law enforcement agencies.

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